Struggling with Integrity Issues at Work: How Do You Prove Misconduct Fairly?

Dear Seniors, I require your favor to know how to handle integrity issues in the organization. In our organization, there is one integrity case in which I am finding it difficult to document and prove that someone has committed fraud or misconduct. As an HR professional, I have to balance the interests of both the employee and the employer. It is essential that the employer does not feel that I am supporting employee misbehavior.

Seeking Advice on Handling Integrity Issues

Please share your experiences and knowledge on how to handle such cases effectively.

Thank you.
Regards.

Until and unless you have documented proof, you cannot proceed with any action. Therefore, it is advisable to wait until you obtain concrete evidence. Taking any action prematurely may have a negative impact, and most employees may turn against the management.

Even if you have already taken action against the employee, proceeding legally could be detrimental for the management. It may also reflect poorly on your performance.

Regards,
Kamesh

As a member of the HR department, it is important to remain impartial. The best course of action would be to initiate a domestic enquiry. By allowing the enquiry officer to conduct a thorough investigation, we will be able to determine whether any fraudulent activity has taken place. It is essential to have substantial material evidence to commence the enquiry. If such evidence is available, it is adequate to proceed with the investigation. Additionally, please be aware that if you are the one ordering the enquiry, you cannot act as a witness.

Thank you,
Dinesh V Divekar

"Beware of false knowledge; it is more dangerous than ignorance."

Thank you for sharing comments on how to handle integrity issues. Yes, Kamlesh, we have asked for documents to verify, but the problem here is that the person who has committed misconduct is not accepting that he knows where the money went. He is not willing to admit his involvement. Instead, he is leading us to believe that he will provide the pending documents and prove that he is not involved in this financial matter to clear his name from the case.

During the management discussion about the documents, it was made clear to him that he is liable to pay the outstanding amount to the company due to the misconduct. He claims he was unaware of how this happened, stating that the documents are incorrect and that a third party charged a high amount, which the company blindly paid through his account. Despite the trust placed in him by management, he has breached that trust. What should management say in such a situation?

Please suggest what we can do in cases where the person is not admitting to the misconduct, which is clearly fraudulent behavior involving illegal documents. This individual, who committed the fraud, does not hold a higher designation; he is just a lower-level officer handling paperwork. While he appears to be a nice person, his involvement is evident, yet he is not being truthful with us. How should we handle such a case?

Yes, Dinesh, we are considering requesting an inquiry by a vigilance officer, but we are currently analyzing the pros and cons of this approach to determine the best course of action.

From your second post, what I find is that an incorrect or poorly defined process is also the reason for this integrity issue. You need to improve your process as well. That smart person could have possibly taken advantage of this loophole in the process.

Recommendation for Conducting a Domestic Inquiry

I recommend conducting a domestic inquiry. Termination without a domestic inquiry is not legally tenable. If the accused were to approach the court tomorrow, you should have documentary proof of his termination. Though you have not mentioned the amount involved, if it is significant, then you may file a police case based on the findings of the inquiry.

Importance of Documentary Proof

Another crucial aspect of a domestic inquiry is that in our country, court cases often drag on for years. During this time, many individuals may come and go. Who will defend your case in court? This documentary proof will work in your favor.

Organizational Culture Perspective

From the organizational cultural perspective, a domestic inquiry will send a message to other employees that in your company, things happen according to the law and there are no on-the-spot terminations. This environment of justice is crucial for any company, whether big or small.

Regards,
DVD